ARMY BOARD FOR CORRECTIONS OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 July 2019 DOCKET NUMBER: AR20190003198 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to: * reflect his rank as Specialist (SPC)/E-4 * to include all of his schools APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: * he would like his rank fixed on his DD Form 214 * some of his paperwork shows him as E-2 and E-3 * his final rank was E-4 * he also requests all of his schools be added to his DD Form 214 * he thanks the Board for their time and service 3. The applicant’s service records shows: * he was a member of the US Army Reserve (USAR) * he attended Individual Active Duty Training (IADT) to complete his Military Occupational Specialty School (MOS) for 13B * he received a DD Form 214 upon completion of his MOS training 4. The applicant's DD Form 214 shows: * he was on active duty for a period of 4 months and 11 days * item 4a (Grade, Rate, or Rank) is listed as Private 2 (PV2) * item 4b lists his pay grade as E-2 * item 11 (Primary Specialty) lists his MOS school as 13B * he was separated from his IADT on 16 July 1992. 5. The applicant's service records contain: * a Graduate Diploma dated 16 July 1992 for completing his MOS training; his rank at the time of his completion was listed as PV2 * a DA Form 4187 (Personnel Action) document showing his promotion to SPC/ E-4 effective 6 June 1993 6. The applicant's records are void of, and the applicant did not provide, evidence he completed any additional schools or courses. 7. Army Regulation 635-8 (Separation Processing and Documents) states in a DD Form 214, block 4 enter and verify that active duty grade or rank are accurate at time of separation. 8. AR 635-8, dated 10 February 2014 paragraph 5-1f states that a DD214 will be prepared for RC Solders awarded an MOS even if active duty is less than 90 days: "f. RC Soldiers completing active duty that results in the award of a military occupational specialty (MOS), even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of ARNGUS Alternate Training Program or USAR Split Training Program). Paragraph 5-6x(1) states: "When a RC Soldier successfully completes initial active duty training the character of service is Honorable unless directed otherwise by the separation approval authority." BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board found that he had completed training and was awarded an MOS during his period of active service; that period of service should be shown as honorable on his DD Form 214. The Board found that the military education was not included on his DD Form 214 and should have been. The Board found that he was promoted to SPC (6 June 1993) after his period of active duty service, and determined that was no error or injustice pertaining to his rank as shown on his DD Form 214. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :x :x :x GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period of service ending 16 July 1992 as follows: - item 14 (Military Education) – “13B – OSUT, 19 weeks, July 1992” vice “None/Nothing Follows” - item 24 (Character of Service) – “Honorable” vice “Uncharacterized” 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing his Grade, Rate or Rank on his DD Form 214. X 7/31/2019 CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214, which provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It states in item 4a enter the active duty rank held at the time of separation.